Agenda 10/11/2011 Item #16K110/11/2011 Item 16.K.1..
EXECUTIVE SUMMARY
Approve an Agreed Order Awarding Expert Fees and Costs in connection with the acquisition
of Parcels 838A and 838E in the lawsuit styled Collier County, Florida a Nancy L. Johnson
Perry, Individually and as Successor Trustee, et al, Case No. 03- 2373 -CA, Golden Gate
Parkway Project #60027 (Fiscal Impact $27,167.60)
OBJECTIVE: That the Board approve the expert fees and costs associated with the acquisition of
Parcels 838A and 838B in the lawsuit styled Collier County, Florida v. Nancy L. Johnson Perry,
Individually and as Successor Trustee, et al, Case No. 03- 2373 -CA.
CONSIDERATIONS: The County acquired two 10 -foot drainage easements from Respondent,
Nancy, L. Johnson Perry, Individually and as Successor Trustee, by entry of an Order of Taking on
September 12, 2003 and subsequently depositing the amount of $64,000 into the Court Registry.
On June 28, 2011, the Board of County Commissioners approved a Stipulated Final Judgment in
settlement of these parcels. Pursuant to Section 73.091(1), Florida Statutes, the County is required
to pay reasonable expert fees and expenses incurred in the defense of this matter. Staff recommends
payment of the following fees:
Negotiated Invoiced Percentage
Amount Amount of Invoice
Appraisal fees - Hayes Appraisal Group $ 6,500.00 $ 7,200.00 90.2%
Planning fees Morris Depew Associates 5,000.00 8,329.83 60 %
Engineering fees D.M.A. Engineering, Inc. 9,500.00 11,494..00 82%
Landscape expert — Samnik Associates, LLC 6,000.00 6,825.00 87 %
Miscellaneous costs incurred 167.60 167.60 100%
TOTAL $27,167.60 $34,016.43
the terms of which are set out in the Agreed Order Awarding Expert Fees attached as Exhibit "A ".
This case involved two parent tracts and an inverse counter - claim. The following reports were
prepared by owner's experts: one appraisal report, one planning report, two engineering reports and
one landscape report. The total negotiated amount is approximately 20% o of the total invoiced
amount.
Staff has reviewed the expert fees as set forth in the Agreed Order and considers them to be
reasonable mi Tight of the statutory requirements as to costs and fees imposed upon the condemning
authority. If the County goes to a cost hearing, the County is not required to pay the expert that is
requesting the fee, but the County is required to pay reasonable fees of any experts that are retained
by owner to testify as to the reasonableness of the fee. This means another engineer, another
appraiser, another planner and another landscape expert. Plus the County will need to hire experts
to counter owner's experts, and the County will have to pay owner's attorney hourly for
supplemental proceedings.
FISCAL IMPACT: Funds in the amount of $27,167.60 will come from Impact Fees.
GROWTH MANAGEMENT IMPACT: Consistent with the Collier County Growth
Management Plan.
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10/11/2011 Item 16.K.1.
LEGAL CONSIDERATIONS: The proposed Agreed Order was prepared by the County
Attorney's Office and is legally sufficient for Board action. This item requires a majority vote.
(HFAC)
RECOMMENDATION: That the Board of County Commissioners approve the Agreed Order and
the expenditure and disbursement of funds as stated.
PREPARED BY: Heidi Ashton - Cicko, Assistant County Attorney
Attachment: (1) Agreed Order
CP103- 2373\2467
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COLLIER COUNTY
Board of County Commissioners
Item Number: 16.K.1.
10/11/2011 Item 16.K.1.
Item Summary: Approve an Agreed Order Awarding Expert Fees and Costs in connection
with the acquisition of Parcels 838A and 838B in the lawsuit styled Collier County, Florida v.
Nancy L. Johnson Perry, Individually and as Successor Trustee, et al, Case No. 03- 2373 -CA,
Golden Gate Parkway Project #60027 (Fiscal Impact $27,167.60).
Meeting Date: 10/11/2011
Prepared By
Name: CrotteauKathynell
Title: Legal Secretary,County Attorney
9/21/2011 9:23:25 AM
Approved By
Name: HendricksKevin
Title: Manager - Right of Way,Transportation Engineering
Date: 9/21/2011 10:09:00 AM
Name: TaylorLisa
Title: Management/Budget Analyst,Transportation Administr
Date: 9/22/20119:03:51 AM
Name: AhmadJay
Title: Director - Transportation Engineering,Transportation Engineering & Construction Management
Date: 9/27/2011 11:50:44 AM
Name: FederNorman
Title: Administrator - Growth Management Div,Transportati
Date: 9/27/2011 1:29:38 PM
Name: AshtonHeidi
Title: Section Chief/Land Use- Transportation,County Attor
Date: 9/27/2011 1:45:56 PM
Name: KlatzkowJeff
Title: County Attorney,
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Date: 10/3/2011 4:32:32 PM
Name: UsherSusan
10/11/2011 Item 16.K.1.
Title: Management/Budget Analyst, Senior,Office of Manage
Date: 10/4/2011 8:42:10 AM
Name: IsacksonMark
Title: Director -Corp Financial and Mgmt Svs,CMO
Date: 10/4/2011 11:43:27 AM
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10/11/2011 Item 16.K.1.
IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT
IN AND FOR COLLIER COUNTY, FLORIDA
CIVIL ACTION
COLLIER COUNTY, a political
subdivision of the State of Florida,
Petitioner,
V.
NANCY L. JOHNSON PERRY,
Individually, and as Successor Trustee, et al.,
Respondents.
Case No. 03- 2373 -CA
Parcel Nos.: 838A, 838B
AGREED ORDER AWARDING EXPERT FEES AND COSTS
THIS CAUSE, having come before the Court upon joint motion made by Petitioner,
COLLIER COUNTY, FLORIDA, by and through its undersigned counsel, and Respondent,
NANCY JOHNSON PERRY, by and through her undersigned counsel, for entry of an Agreed
Order Awarding Expert Fees and Costs, and the Court, being fully advised in the premises, it is
hereby
ORDERED AND ADJUDGED that Respondent, NANCY JOHNSON PERRY, receive
from Petitioner, COLLIER COUNTY, FLORIDA, the sum of Six Thousand Five Hundred
Dollars and No /100 ($6,500.00) for appraisal fees incurred by Haynes Appraisal Group, Inc. in
connection with Parcels 838A and 83813; it is further
ORDERED AND ADJUDGED that Respondent, NANCY JOHNSON PERRY, receive
from Petitioner, COLLIER COUNTY, FLORIDA, the sum of Five Thousand Dollars and No /100
($5,000.00) for planning fees incurred by Morris Depew Associates, Inc. in connection with Parcels
838A and 83813; it is further
ORDERED AND ADJUDGED that Respondent, NANCY JOHNSON PERRY, receive
from Petitioner, COLLIER COUNTY, FLORIDA, the sum of Nine Thousand Five Hundred
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10/11/2011 Item 16.K.1.
Dollars and No /100 ($9,500.00) for engineering fees incurred by D.M.A. Engineering, Inc. in
connection with Parcels 838A and 838B; it is further
ORDERED that Respondent, NANCY JOHNSON PERRY, receive from Petitioner,
COLLIER COUNTY, FLORIDA, the sum of Six Thousand Dollars and No /100 ($6,000.00) for
landscape expert, Samnik Associates, LLC, in connection with Parcels 838A and 838B; it is further
ORDERED that Respondent, NANCY JOHNSON PERRY, receive from Petitioner,
COLLIER COUNTY, FLORIDA, the sum of One Hundred Sixty -Seven Dollars and 60/100
($167.60) for costs incurred in connection with Parcels 838A and 838B; it is further
ORDERED that within thirty (30) days of receipt of the Agreed Order entered by the Court,
Petitioner, COLLIER COUNTY, FLORIDA, shall disburse the sum of Twenty -Seven Thousand
One Hundred Sixty -Seven Dollars and 60/100 ($27,167.60) to the BLUCHER LAW GROUP,
LLC F/K/A THE LAW OFFICES OF PAUL A. BLUCHER, P.A. TRUST ACCOUNT, c/o Tracey
B. Starrett, Esquire, Blucher Law Group, LLC f/k/a The Law Offices of Paul A. Blucher, P.A., 7300
Delainey Court, Sarasota Florida 34240 for the benefit of Respondent, NANCY JOHNSON
PERRY, for expert fees and costs in connection with Parcels 838A and 834B.
DONE AND ORDERED this _ day of , 2011, in Naples, Collier County,
Florida.
HUGH D. HAYES
CIRCUIT COURT JUDGE
Conformed copies to:
Heidi Ashton - Cicko, Esquire
Tracy B. Starrett, Esquire
Kevin Hendricks, ROW Manager, Transportation/ECM
Bookkeeping
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10/11/2011 Item 16. K.1.
JOINT MOTION
The Parties, by and through their undersigned attorneys, hereby move for entry of the
foregoing Agreed Order as to Parcels 838A and 838B.
Dated: 119 !// Dated:
TRACEY . STARRETT, ESQUIRE
Florida Bar No.: 0007171
BLUCHER LAW GROUP, LLC
F/K/A THE LAW OFFICES OF PAUL
A. BLUCHER, P.A.
7300 Delainey Court
Sarasota, Florida 34240
(941) 955 -4019; Fax (941) 955 -4889
ATTORNEY FOR RESPONDENT,
NANCYJOIINSONPERRY
03- 237312466
HEIDI ASHTON- CICKO, ESQUIRE
Florida Bar No. 966770
OFFICE OF THE COUNTY ATTORNEY
3299 East Tamiami Trail, Suite 800
Naples, Florida 34112
(239) 252 -8400; Fax (239) 252 -6300
ATTORNEY FOR PETITIONER
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